Aug. 3, 2007
Since foreclosures are still rising in our area and since it's a fairly complex subject, I thought we'd talk about one aspect of it today. If you owe more to the bank than your house is worth there are a range of possible remedies. The worst one, by any measure, is foreclosure. You should definitely be working to avoid that if at all possible.
A slightly less worse option is deed in lieu of foreclosure. In this scenario the bank isn't coming after you to take the house. You're going to them, keys in hand, and saying "It's all yours! I can't make the payments any more."
The reason this is a slightly better choice for the borrower is that it looks less bad on your credit report. It is better because you have stepped forward rather than the bank having to come after you. It may also benefit you financially in the sense that the lender may be more willing to negotiate more favorable financial terms on the difference between what you owe and what the house is worth. That's because they didn't have to spend the money that a formal foreclosure process would have cost them.
There's another advantage in this for most people. When you're in this situation the last thing you need to see is your name in the paper as going through foreclosure. This allows you to keep the entire transaction a little more private.
You should also know that if you decide to go this route, you can't call the mortgage company up, let them know the keys are in the house and walk out. You will need to send them a letter telling them you're requesting deed in lieu of foreclosure. I would also recommend that you provide some information about the circumstances that make this a necessity. It is not a bad idea to involve an attorney to help you in this process. But I realize that if you're in this situation attorneys fees may be completely out of reach.
This is one option if you're in a tough spot. There are others. Every situation is unique and the best thing to do is to talk to a real estate agent about your particular situation so you can discuss each option, the pluses and minuses and get help in making the wisest decision for you and your family.